Legal Question in Wills and Trusts in New York

I assume that the children are yours biologically. You can dispose of the residence in any manner you wish in your Will, however, the statute provides that your surviving husband has the right to claim roughly one third of your property. If you have no will, then approximately 1/2 of your property will be inherited by your husband and the other half will be divided among your children.

Presuming you have no premarital agreement, I generally agree with Norman, but there are alternatives to consider. The inherited house, if kept segregated from marital assets and not used as the marital residence, might not create any marital rights and can go to the children. You might consider a trust, leaving your husband a life estate in the assets, with remainder to the children. You might consider giving your husband the statutory one-third and the balance to the children, or any of a slew of other arrangements. You should at least have a Will, but should discuss alternatives with an attorney familiar with estate planning, trusts, children from multiple marriages, etc.